Ohio Questions & Answers by Practice Area


Ohio Questions & Answers

Q: My husband was arrested on dv charge recently. He hurt me 4 months ago also

1 Answer | Asked in Criminal Law for Ohio on May 21, 2015

Answered on May 23, 2015

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Julie Rendelman's answer
You can certainly go to the police and file a report.

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Q: Can a dv case be dropped if it was filed by the police for a minor scratch?

1 Answer | Asked in Criminal Law for Ohio on May 18, 2015

Answered on May 19, 2015

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Julie Rendelman's answer
There are no guarantees. However, if this is your first arrest and the injuries are minor, there is certainly a chance to get the case dismissed.

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Q: Name change on green card help!!!

1 Answer | Asked in Immigration Law for Ohio on May 18, 2015

Answered on May 18, 2015

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David N Soloway's answer
Congratulations upon being approved for Permanent Resident status. Generally, when a woman becomes married and desires to embrace her husband's last name as her own, the law will recognize that new name without any necessity for filing a marriage certificate or taking other steps to accomplish the name change. From an immigration legal standpoint, having the USCIS issue a replacement "Green Card" with your husband's last name shown as your last name, will not be consequential for your ability...

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Q: how can i find out if my bankruptcy been discharged

1 Answer | Asked in Bankruptcy for Ohio on May 13, 2015

Answered on May 17, 2015

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Robert Gambrell's answer
Call your attorney. Your attorney should have a pacer account. He/she can look online and find the status of your case.

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Q: If i were to file bankruptcy would i loose my car that i'm making payments on?

1 Answer | Asked in Bankruptcy for Ohio on May 15, 2015

Answered on May 17, 2015

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Robert Gambrell's answer
Your answer depends upon the amount of equity that you have in your auto and whether you intend to reaffirm the auto loan and continue to pay the loan. I believe that you can exempt or protect up to $4,900.00 in equity on your auto in Ohio (adding the auto and the wildcard exemption), which means that the bankruptcy trustee cannot take the auto if the amount of equity is equal or less than the maximum exemption.

There are so many variables to consider when filing a bankruptcy, you...

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Q: If a police officer was on a traffic stop(not with me) and I approached him complaining about where he was parked and

1 Answer | Asked in Criminal Law for Ohio on May 1, 2015

Answered on May 15, 2015

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Matthew Williams' answer
Yes, you could be charged. Whether the charge can be proved is a different matter. In general, it isn't a good idea to interfere in a traffic stop. Realize that you don't know what is going on in the stop. The officer may have just discovered the person stopped is armed, as such, anything taking his attention away from the stop will get a hostile reaction.

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Q: Is there a law that determines what the living temperature should be for Federal inmates?

1 Answer | Asked in Criminal Law for Ohio on May 11, 2015

Answered on May 15, 2015

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Matthew Williams' answer
I am not aware of any specific law that actually spells out a temperature range that is permissible. Prisons are generally required to provide a safe environment, however.

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Q: Can Mo require a IID device be installed now in 2015 from a DUI that was in 1999 and 2004? When did the IID become law?

1 Answer | Asked in DUI / DWI for Ohio on May 13, 2015

Answered on May 15, 2015

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Matthew Williams' answer
The short answer is yes, they can require it. The longer answer has to do with hiring an attorney to try to get them to drop it.

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Q: my ex was arrested on a 4th degree felony failure to appear.... how long will he be in custody . he was very abusive

1 Answer | Asked in Criminal Law for Ohio on May 13, 2015

Answered on May 15, 2015

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Matthew Williams' answer
It is impossible to say how long he will be in custody. His bail will likely be high, and if he cannot post it, he will remain in custody until the case is resolved, and then, if sentenced to jail or prison, even longer.

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Q: if the boy is 18 an the girls 15 can they get in troble?

1 Answer | Asked in Criminal Law for Ohio on May 8, 2015

Answered on May 13, 2015

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Matthew Williams' answer
Yes...Ohio's age of consent is 16. A 15 year-old girl cannot consent to sexual activity with an adult.

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Q: what is a pretrail on a domestic violence

1 Answer | Asked in Domestic Violence for Ohio on May 12, 2015

Answered on May 13, 2015

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Matthew Williams' answer
A pre-trial is a meeting at the court between the attorneys or, if the defendant is unrepresented, between the prosecutor and the defendant. It is an opportunity to discuss the evidence and issues in the case and negotiate a potential plea agreement. Usually there are several pre-trials. If nothing can be worked out, then there is a trial.

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Q: Applying for naturalization N-400 with dismissed Aggravated Menacing; what shall I do? No arrest

1 Answer | Asked in Immigration Law for Ohio on May 12, 2015

Answered on May 13, 2015

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Matthew Williams' answer
What is the importance, as you understand it, of the September 2015 date? If your charge was dismissed at the prosecutor's request, you should include a certified copy of the judgment entry indicating this with your application and an explanation of what happened with the case.You should always err on the side of disclosure because the immigration people can really take it badly if they think you lied. If you are in fact in a diversion program that will terminate in September and that is when...

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Q: I am 17. I got into an accident in Oct. 2014, my fault. Got my license suspended. I got into another accident today.

1 Answer | Asked in Car Accidents for Ohio on May 7, 2015

Answered on May 10, 2015

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Matthew Williams' answer
That is likely. You ma want to consider getting a lawyer this time around to see if something can't be worked out.

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Q: 2907.04 Unlawful sexual conduct with minor. is this a charge if man is 40 and girl is 17?

1 Answer | Asked in Criminal Law for Ohio on May 2, 2015

Answered on May 7, 2015

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Matthew Williams' answer
She has to be under 16 at the time the sexual conduct occurred, not now.

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Q: my husband has threatened to physically harm me what should i do. we r in a same sex marriage

1 Answer | Asked in Domestic Violence for Ohio on May 2, 2015

Answered on May 7, 2015

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Matthew Williams' answer
Why don't you just leave? You can report him for domestic violence based upon the threat alone, if you really want to. And you can certainly report him, if he hits you. Those are personal decisions, but again, why would you stay in this relationship? Violent partners DO NOT change.

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Q: i am 17 and my girlfriend is 15 and pregnant, could i be charged with anything or serve any jail time? we live in ohio

1 Answer | Asked in Criminal Law for Ohio on May 4, 2015

Answered on May 7, 2015

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Matthew Williams' answer
Nope. You're dumb, but not a criminal. It is illegal in Ohio for anyone to have sex with another person under the age of 13 and for anyone over the age of 18 to have sex with anyone under the age of 16. When you are both between 13-17, sex is stupid but legal.

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Q: I'm 16 and my boyfriend is 18 and I'm pregnant can he get into trouble

1 Answer | Asked in Criminal Law for Ohio on May 4, 2015

Answered on May 7, 2015

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Matthew Williams' answer
Aside from the trouble he is already in? Possibly. If you were younger than sixteen when you had sex, and he was over 18, he could be charged with unlawful sexual conduct with a minor. So, if you just turned 16 but are 9 months pregnant, and he is almost 19, it is possible.

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